The debate around the issues of employment or lack thereof is raging in South Africa. So it should be. Access to employment is one of the basic conditions for human dignity and survival and the fact that our unemployment is so high makes this a particular issue of concern.
In October, we will be welcoming to this country hundreds of delegates from the International Labour Organisation who will congregate around the theme: Empowering Africa’s Peoples with Decent Work.
The issue of decent work is one of the issues that constantly exercise our minds as the Department of Labour and to this end, there are a number of interventions we have put in place for effecting decent work for vulnerable groups.
This is the group that includes domestic workers, farmworkers and to a certain extent, workers who ply their trade in the fishing industry. This is premised on our belief that the strength of any society can only be measured by the extent to which it is able to cater and develop for the weak.
The 100th International Labour Conference in June of Convention 189 and its accompanying Recommendation has sparked a global frenzy in the debates on decent work for domestic workers.
As far back as 1969 a researcher commented on the progress made with efforts to promote a “just wage” for domestic workers. The figure quoted at that point in time was R40 per month for a full time worker in Cape Town. It concluded that the improvement in the circumstances of domestic workers appeared to be tied to the conscience of the employers and, more important, the state of the economy. This is the background against which the sectoral determination was promulgated and it recognizes the importance of domestic workers as an integral part of the economy and that domestic work is not degrading or menial.
Because of the close working together with our social partner – Cosatu, Nactu and Fedusa, the draft convention was modelled on our experiences and we also played a critical role in shaping an international standard for domestic workers.
As enjoined by the convention, we have set conditions of employment which include pronouncing on minimum wages and unemployment insurance cover for domestic workers.
We are currently in the process of studying the feasibility of a provident fund for the sector and in terms of the Skills Legislation, we have seen real benefits accruing to domestic workers. There is still some work that we need to do such as extending the protection under the Compensation for Injuries on Duty Act in consultation with our social partners as well as providing specific protection for migrant domestic workers.
As at the end of July this year 647126 domestic workers are registered with the Unemployment Insurance Fund out of a total of 876 000 domestic workers – according to Statistics SA.
One of the challenges is the ability to conduct inspections on the working conditions of domestic workers. Whilst we have done a large amount of work around specialisation and professionalization of inspectors, domestic work because of its character including its hidden nature provides specific challenges which sometimes fall outside the scope of what inspectors are required to do.
Farmworkers also face unique challenges as evinced by the report by Human Rights Watch which alluded to serious breaches of the rights of farmworkers especially in the wine and fruit industry in the Western Cape.
But we still maintain that even in the face of difficult economic circumstances, fair labour practice is the right afforded to every worker who enters the labour market in this country. This is a fundamental right that is enshrined and protected by the Constitution.
Workers’ rights are human rights that must be respected by ALL employers both in private or government sectors. For us, fair labour practice means decent employment and fair wages for every employee.
In the Department, there are currently two processes underway with respect to the farm workers sectoral determination. The first is a review of the conditions of employment and minimum wages as set out in the sectoral determination for the Farm worker sector whilst the second entails an investigation into the feasibility of establishing a provident fund for the sector.
With respect to the review of conditions of employment and the minimum wage in the sector the Department has published a notice setting out the terms of reference for this process. In taking forward its commitment to social dialogue, the Department conducted a range of public hearings in order to obtain inputs from the social partners. A report will be submitted to the Employment Conditions Commission (ECC) for its deliberation, who in turn will make recommendations to the Minister of Labour.
Secondly, the Department published a notice on 20 August 2010, signaling its intention to investigate the feasibility of establishing a provident fund for the sector. This requires a broader consultation not only with the social partners and the service providers but also with the government’s process of social security reform in order to realize the best possible benefit for farm workers. Because of the technical nature of these discussions it will however take some time in order to realize this intention.
Turning to the fishing sector, there are already two instruments that regulate conditions of employment in the fishing sector. Firstly there is a Statutory council in the Squid industry that functions primarily around the Eastern Cape area whilst there is a bargaining council for the fishing sector that is national in scope.
As a member state of the ILO, South Africa again played a significant role in the establishment of both the Convention on work in the Fishing Sector as well as the Maritime Labour Convention. There are currently processes underway with the Department of Transport that is the lead department in this regard to amend the Merchant Shipping Act especially Chapter 4 of that Act.
These amendments would not only serve to modernize conditions of employment for maritime workers as well as fishermen but also to allow the country to ratify these Conventions. The Department of Transport is committed to these amendments and has requested that the amendment Bill be submitted at NEDLAC for continued consultation.
The Department is also in consultation with stakeholders in the fishing sector on the possibility of establishing a sectoral determination for this sector. Given that there are two institutions of collective bargaining in this sector, a registered Bargaining Council as well as a Statutory council, we will have to proceed with due regard to these institutions and their registered scope within the sector.
The delegates will also deal with issues including parallel discussions on the following themes: women empowerment, rural employment, promoting national ownership of international labour standards; investing in skills and sustainable enterprises for decent work; industrial development and structural transformation as a path to decent work; and moving out of informality.
This is a great opportunity for us to share best practice and to learn from what other countries have done in implementing decent work programmes.
Decent work
